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(영문) 인천지방법원 2016.10.14 2016가단204584
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 7, 2012, the Plaintiff received a provisional attachment order of KRW 400,000,000 (hereinafter “provisional attachment order of this case”) from the Incheon District Court 2012Kahap1958 to preserve the Defendant’s right to claim for the payment of goods against the Defendant, and the Defendant was served on the Nonparty Company on November 8, 2012.

B. On June 5, 2013, the judgment ordering the non-party company to pay KRW 2012 Gohap2280 (principal lawsuit) amount among the defendant and the non-party company the amount of KRW 278,626,00 and KRW 143,5,000 among them to the defendant in the lawsuit claiming a penalty for breach of contract, which became final and conclusive on the grounds that the non-party company received 5% of the annual amount of KRW 135,571,00 from August 1, 2012 to June 5, 2013, and the amount of KRW 200 from June 20, 2013 to June 5, 2013 to June 207, 207, the court ordered the non-party company to pay KRW 205% of the annual amount of KRW 200 to the non-party company's debt amount of KRW 2085,96,000 from the following day to the day of full payment.

E. On September 1, 2015, the Plaintiff is out of KRW 400,00,000,000, based on the executory exemplification of the judgment in the instant case, including the purchase price for goods, etc., rendered by Sungwon District Court Branch 2012 Gohap23890.

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